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Royal Decree Law 8/2014, 4th of July, adoption of urgent measures for growth, competitiveness and efficiency, subsequently adopted as law 18/2014, on 15 October, adoption of urgent measures for growth, competitiveness and efficiency, establishes a national system of obligations of energy efficiency which is assigned to the marketing companies of gas and electricity , to the operators of products oil to the by greater and to them operators of gases liquefied of oil to the by greater, in forward subject forced of the system of obligations, a fee annual of saving energy of field national called obligations of saving.
To enforce compliance with the annual energy saving obligations determined by 2014, obligors should make a financial contribution to the National Fund for energy efficiency, to enter before 15 October of that year, by the amount designated in the annex XII of the aforementioned Royal Decree-Law 8/2014, of 4 July.
The order EIT / 289 / 2015, of 20 of February, by which is set them obligations of contribution to the Fund national of efficiency energy in the year 2015, gave compliance to the article 70.1 of the cited law 18 / 2014, of 15 of October, through the establishment of the obligation of saving energy for that year, them percentages of cast of this obligation between them corresponding subject forced and them fees u obligations of saving resulting and its equivalence economic.
In the preparation of the aforementioned order EIT/289/2015, of 20 February, and as set out in article 75.5 of aforementioned law 18/2014, October 15, took into account the variations that are derived from data supplied by the corresponding to the year 2012 obligors percentages, sales and other variables, and the set in annex XII of the Act 18/2014 , of 15 October.
However, in the time of approve is such order, the drafting of the article 75.5 of the law 18 / 2014, to the say that «them variations that is derived of them data supplied relating to them subject forced, percentages, sales and others variables, and them set according to the paragraph 2 of this article, may have is in has, in sense positive or negative, for determine the amount corresponding for each subject forced in the year 2015» It empowered only the reduction of the fee for the year 2015 with variations which, in positive or negative sense resulting from supplied data relating to the obligation for the year 2014, but it did not allow for the recognition of Returns or surcharge collection rights to the National Fund for energy efficiency.
For this reason, in the table of annex II of the mentioned order EIT/289/2015, of 20 February, the required subjects for which the calculated variations determined a negative assigned the value zero as economic amount equivalent to its obligation for the year 2015.
««Currently, after the modification of the paragraph third of the cited article 75.5 of it law 18 / 2014 by the law 8 / 2015, of 21 of mayo, that already authorizes that such variations can have is in has, by addition, for» recognize them rights of collection that, in his case, correspond», is can assign to them such subject forced the right to the corresponding return of the referred amount negative.
These returns should be added, on the other hand, the corresponding to three individuals who, wrongly, were obligations of energy efficiency in annex XII of the Act 18/2014, October 15, to be then considered obligors without them relentlessly requirements that determined that condition.
On the other hand is has warned that two subject forced of the year 2015 have entered a quantity superior to the established in the cited order EIT / 289 / 2015, of 20 of February, by what comes the return of the excess.
It has also been communicated to the Committee for monitoring and Control of National Fund of energy efficiency who, in accordance with article 73.3 of the aforementioned law 18/2014, October 15, responsible for supervision and control of the Fund.
By agreement of 8 of October of 2015, the Commission associate of the Government for issues economic has authorized to the Minister of industry, energy and tourism to dictate the present order.
By virtue, prior agreement of the delegate Commission of the Government for Economic Affairs, I resolve: first. Object.
The present order has by object the development of the procedure for them returns of income undue to the Fund national of efficiency energy corresponding to them years 2014 and 2015, recognizing them rights of collection and the amounts corresponding to each case.
Second. Collection rights and corresponding amounts.
1 recognize the following rights of collection: CIF undue revenue in the year 2014 (€) improper income in 2015 (€) oils del Sur - Coosur, S.A.
-Biomar Oil, S.L 52.578,00 B98002264 - 47.186,00 A80245129 Cardiles Oil Company, S.L.
B85473247-79,35 company Spanish de Petroleos, S.A.U.
A28003119 11.935.288,00 - forest of the Atlantic, S.A.
A15126253 69.933,41-Gas Natural SDG, S.A.
A08015497 28.803,00-lberdrola generation Spain, S.A.U.
4.463.561,00 A95758371 - Repsol Trading, S.A A82489451 85.758,00 - Repsol, S.A.
A78374725 19.398.703,00 - and Sampol Ingeniería, S.A.
A07088206-2.594,74 SheII & Disa Aviation Spain, S.L.
B86358520 330.735,09 - Total 36.412.545,50 2.674,09 2. These rights of payment will be made by the National Fund of energy efficiency.
Third party. Implementation of the return.
1. the management of payment and material payment shall be carried out by the Institute for the diversification and saving of energy as the Manager of the National Fund of energy efficiency against the specific account opened for warehousing for the operational functional Fund envisaged in article 74.2 of the Act 18/2014, of 15 October.
To do so, legal persons established in the preceding paragraph shall send to the mentioned Institute claim repayment of undue revenue model included in the annex to this order within a maximum period of three months from the publication of this order in the «Official Gazette».
2. once the application has been received and completed data referred to in the annex, the Institute for the diversification and saving of energy issued the corresponding writ of payment in favour of stakeholders within a maximum period of fifteen days from the receipt of the request, communicate to the Directorate-General for energy and mines.
This order shall take effect from the day following its publication in the «Official Gazette».
Against this order, which puts an end to the administrative procedure, it may be brought contentious-administrative appeal before the Chamber of administrative litigation of the Supreme Court pursuant to the provisions of law 29/1998, of 13 July, regulating the contentious jurisdiction, within the period of two months, counting from the day following its publication, or optionally and prior , administrative appeal in within a month before the same body which issued it.
Madrid, 20 October 2015.-the Minister of industry, energy and tourism, Jose Manuel Soria Lopez.
ANNEX model of application for repayment of improper income to the National Fund for energy efficiency for the year 2014 Mr./Mrs.... with DNI No...., on behalf of..., holder of N.I.F.:..., residing in..., according to document attached to that certifies its representation, requested the refund of... euros shown in order, why are recognized rights of collection of the national system of energy efficiency obligations for improper contributions made in the year 2014 to the National Fund for energy efficiency, and the income of this amount in the bank account whose data are detailed below: ACCOUNT HOLDER (attached banking certificate of ownership): BANK: IBAN: in Madrid, to... of... of 2015 signature and stamp
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